SC scan shows lapses in Buta letter

The bench, also comprising Justices Ashok Bhan, Arijit Pasayat, K.G. Balakrishnan and K.N. Agrawal, was hearing a bunch of petitions challenging the dissolution of the Bihar Assembly.

The letters which came up for reference were written to the Governor by LJP MLA Maheshwar Hazari and spokesman Sanjay Singh on May 16 and May 17. Additional Solicitor General Gopal Subramanium claimed that these letters were received in the office of the Governor on May 17 itself and had been used by him to come to the conclusion that the NDA was resorting to unconstitutional means to secure majority.

However, the court pointed out that the notings on the file mentioned that these were received in the Governor’s office on August 4.

Justice Sabharwal then asked Subramaniam to explain the basis for his claim that these letters were taken into consideration by the Governor to prepare his report when they were received by him only on August 4.

The ASG, however, stuck to his words: ‘‘these were received by the Governor on May 17 itself’’.

On Sarkaria panel

New delhi: The Supreme Court on Wednesday reminded the Centre that the controversy over Governor Buta Singh’s recommendation to dissolve the Bihar Assembly could have been avoided, had it accepted the proposals of the Sarkaria Commission.

‘‘There are ample number of reports. Question is of will to put them into operation. I don’t know what the compulsion is that they have not been put into practice if the object was to bring purity in politics as claimed,’’ said Justice Y.K. Sabharwal.

The comments came as Additional Solicitor-General Gopal Subramanium, who was defending Buta’s action, drew the court’s attention to the views of a 1969 Committee on defection.